§ 26-58-114 — Reports and payment of tax by producers, primary processors - Cancellation of permit upon cessation of business - Penalty for noncompliance

(a) (1) Each producer of natural resources, excluding natural gas, and each primary processor of timber, whether or not he or she shall have actually severed natural resources, excluding natural gas, or processed timber during the preceding month, shall file a report within twenty-five (25) days after the end of each month with the Secretary of the Department of Finance and Administration in a form prescribed by the secretary that states: (A) The kind of natural resources or timber, if any, severed by such producer or processed or acquired for processing by the primary processor during the next preceding month; (B) The point of severance; (C) The gross quantity severed and the cash value; (D) The amount of severance tax due; and (E) Any other information as the secretary may reasonably require for the enforcement of this subchapter. (2) (A) When the average amount of severance tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed one hundred dollars ($100) per month, the secretary may notify the taxpayer that a quarterly report and remittance in lieu of a monthly report may be made. (B) Each quarterly report and remittance shall be due on or before the twenty-fifth day of the month following the last month of the quarter for which the report is made, respectively January 25, April 25, July 25, and October 25 of each year. (3) When the average amount of severance tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed twenty-five dollars ($25.00) per month, the secretary may notify the taxpayer that an annual report and remittance in lieu of a monthly report may be made on or before January 25 of each year for the preceding calendar year. (b) (1) (A) A producer of natural gas shall file with the secretary a report, in a form or forms prescribed by the secretary, that states: (i) The natural gas, if any, severed by the producer for each calendar month; (ii) The point of severance; (iii) The gross quantity severed and the market value; (iv) The amount of severance tax due; and (v) Any other information as the secretary may reasonably require for the enforcement of this subchapter. (B) The producer shall file the monthly report required under subdivision (b)(1)(A) of this section on or before the twenty-fifth day of the second month following the month that is covered by the report. (C) The producer is required to file a report with the secretary for each month whether or not the producer has actually severed natural gas during the month. (2) (A) When the average amount of severance tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed one hundred dollars ($100) per month, the secretary may notify the taxpayer that a quarterly report and remittance in lieu of a monthly report may be made. (B) Each quarterly report and remittance shall be due on or before the twenty-fifth day of the second month following the last month of the quarter for which the report is made, respectively February 25, May 25, August 25, and November 25 of each year. (3) When the average amount of severance tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed twenty-five dollars ($25.00) per month, the secretary may notify the taxpayer that an annual report and remittance in lieu of a monthly report may be made on or before February 25 of each year for the preceding calendar year. (c) The report shall be verified by the producer or primary processor himself or herself in the instance of an individual producer or primary processor and by a member or officer or the manager of the producer or primary processor in all other instances. (d) The payment of the full amount of the severance tax due from the report shall accompany the report. (e) (1) Within ten (10) days after any producer or primary processor ceases operation with the intention of no longer engaging in the business of severing or processing natural resources or timber, the permit issued shall be returned by him or her to the secretary for cancellation. (2) A producer or processor whose permit is cancelled under subdivision (e)(1) of this section may reengage in the business of severing or processing natural resources or timber after filing a new application with the secretary and receiving a new permit by the secretary. (f) (1) Upon conviction, a producer or primary processor who fails to comply with this section is guilty of a violation and shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense. (2) Upon conviction, a person knowingly making a false material statement in a report required by this section is guilty of perjury under § 5-53-102 .

Legislative History

Amended by Act 2019, No. 910,§ 4249, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4248, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4247, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4246, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4245, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4244, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4243, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4242, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4241, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4240, eff. 7/1/2019. Acts 1947, No. 136, § 4; 1947, No. 336, § 1; 1983, No. 254, § 4; A.S.A. 1947, § 84-2104; Acts 2009, No. 145, § 1; 2009, No. 655, § 101; 2011, No. 278, § 1.